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1 AN ACT concerning local government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Counties Code is amended by changing
5 Section 4-12001 as follows:
6 (55 ILCS 5/4-12001) (from Ch. 34, par. 4-12001)
7 Sec. 4-12001. Fees of sheriff in third class counties. The
8 officers herein named, in counties of the third class, shall
9 be entitled to receive the fees herein specified, for the
10 services mentioned and such other fees as may be provided by
11 law for such other services not herein designated.
12 Fees for Sheriff
13 For serving or attempting to serve any summons filed in
14 person on each defendant, $60 $35.
15 For serving or attempting to serve any summons filed
16 electronically on each defendant, $35.
17 For serving or attempting to serve each alias summons or
18 other process mileage will be charged as hereinafter provided
19 when the address for service differs from the address for
20 service on the original summons or other process.
21 For serving or attempting to serve all other process,
22 filed in person on each defendant, $60 $35.
23 For serving or attempting to serve all other process filed
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1 electronically on each defendant, $35.
2 For serving or attempting to serve a subpoena on each
3 witness, $35.
4 For serving or attempting to serve each warrant, $35.
5 For serving or attempting to serve each garnishee, $35.
6 For summoning each juror, $10.
7 For serving or attempting to serve each order or judgment
8 for replevin, $35.
9 For serving or attempting to serve an order for
10 attachment, on each defendant, $35.
11 For serving or attempting to serve an order or judgment
12 for the possession of real estate in an action of ejectment or
13 in any other action, or for restitution in an eviction action,
14 without aid, $60 $35, and when aid is necessary, the sheriff
15 shall be allowed to tax in addition the actual costs of service
16 thereof.
17 For serving or attempting to serve an order or judgment
18 for the possession of real estate in an action of ejectment or
19 in any other action, or for restitution in an eviction action,
20 without aid, when filed electronically $35, and when aid is
21 necessary, the sheriff shall be allowed to tax in addition the
22 actual costs of service.
23 For serving or attempting to serve notice of judgment,
24 $35.
25 For levying to satisfy an order in an action for
26 attachment, $25.
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1 For executing order of court to seize personal property,
2 $25.
3 For making certificate of levy on real estate and filing
4 or recording same, $8, and the fee for filing or recording
5 shall be advanced by the plaintiff in attachment or by the
6 judgment creditor and taxed as costs. For taking possession of
7 or removing property levied on, the sheriff shall be allowed
8 to tax the necessary actual costs of such possession or
9 removal.
10 For advertising property for sale, $20.
11 For making certificate of sale and making and filing
12 duplicate for record, $15, and the fee for recording same
13 shall be advanced by the judgment creditor and taxed as costs.
14 For preparing, executing and acknowledging deed on
15 redemption from a court sale of real estate, $15; for
16 preparing, executing and acknowledging all other deeds on sale
17 of real estate, $10.
18 For making and filing certificate of redemption, $15, and
19 the fee for recording same shall be advanced by party making
20 the redemption and taxed as costs.
21 For making and filing certificate of redemption from a
22 court sale, $11, and the fee for recording same shall be
23 advanced by the party making the redemption and taxed as
24 costs.
25 For taking all bonds on legal process, $10.
26 For returning each process initially filed in person,
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1 $25 $15.
2 For returning each process initially filed electronically,
3 $15.
4 Mileage for service or attempted service of all process is
5 a $10 flat fee.
6 For attending before a court with a prisoner on an order
7 for habeas corpus, $9 per day.
8 For executing requisitions from other States, $13.
9 For conveying each prisoner from the prisoner's county to
10 the jail of another county, per mile for going only, 25.
11 For committing to or discharging each prisoner from jail,
12 $3.
13 For feeding each prisoner, such compensation to cover
14 actual costs as may be fixed by the county board, but such
15 compensation shall not be considered a part of the fees of the
16 office.
17 For committing each prisoner to jail under the laws of the
18 United States, to be paid by the marshal or other person
19 requiring his confinement, $3.
20 For feeding such prisoners per day, $3, to be paid by the
21 marshal or other person requiring the prisoner's confinement.
22 For discharging such prisoners, $3.
23 For conveying persons to the penitentiary, reformatories,
24 Illinois State Training School for Boys, Illinois State
25 Training School for Girls, Reception Centers and Illinois
26 Security Hospital, the following fees, payable out of the
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1 State Treasury. When one person is conveyed, 20 per mile in
2 going to the penitentiary, reformatories, Illinois State
3 Training School for Boys, Illinois State Training School for
4 Girls, Reception Centers and Illinois Security Hospital from
5 the place of conviction; when 2 persons are conveyed at the
6 same time, 20 per mile for the first and 15 per mile for the
7 second person; when more than 2 persons are conveyed at the
8 same time as Stated above, the sheriff shall be allowed 20 per
9 mile for the first, 15 per mile for the second and 10 per
10 mile for each additional person.
11 The fees provided for herein for transporting persons to
12 the penitentiary, reformatories, Illinois State Training
13 School for Boys, Illinois State Training School for Girls,
14 Reception Centers and Illinois Security Hospital, shall be
15 paid for each trip so made. Mileage as used in this Section
16 means the shortest route on a hard surfaced road, (either
17 State Bond Issue Route or Federal highways) or railroad,
18 whichever is shorter, between the place from which the person
19 is to be transported, to the penitentiary, reformatories,
20 Illinois State Training School for Boys, Illinois State
21 Training School for Girls, Reception Centers and Illinois
22 Security Hospital, and all fees per mile shall be computed on
23 such basis.
24 In addition to the above fees, there shall be allowed to
25 the sheriff a fee of $900 for the sale of real estate which
26 shall be made by virtue of any judgment of a court. In addition
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1 to this fee and all other fees provided by this Section, there
2 shall be allowed to the sheriff a fee in accordance with the
3 following schedule for the sale of personal estate which is
4 made by virtue of any judgment of a court:
5 For judgments up to $1,000, $100;
6 For judgments over $1,000 to $15,000, $300;
7 For judgments over $15,000, $500.
8 In all cases where the judgment is settled by the parties,
9 replevied, stopped by injunction or paid, or where the
10 property levied upon is not actually sold, the sheriff shall
11 be allowed the fee for levying and mileage, together with half
12 the fee for all money collected by him or her which he or she
13 would be entitled to if the same were made by sale in the
14 enforcement of a judgment. In no case shall the fee exceed the
15 amount of money arising from the sale.
16 The fee requirements of this Section do not apply to
17 police departments or other law enforcement agencies. For the
18 purposes of this Section, "law enforcement agency" means an
19 agency of the State or unit of local government which is vested
20 by law or ordinance with the duty to maintain public order and
21 to enforce criminal laws or ordinances.
22 The fee requirements of this Section do not apply to units
23 of local government or school districts.
24 (Source: P.A. 100-173, eff. 1-1-18; 101-652, eff. 1-1-23.)
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